Deputy Sheriffs Supplemental Pay

MINUTES OF THE MEETING OF BOARD OF REVIEW DEPUTY SHERIFFS’ SUPPLEMENTAL PAY

July 27, 2010 10:00AM. Suite 700, One American Place 301 MAIN STREET BATON ROUGE, LOUISIANA

The items listed on the agenda are incorporated and considered to be a part of the minutes herein.

ATTENDANCE:

Ms. Ternisa Hutchinson Division of Administration, Representing the Commissioner of Administration Mr. Gary Bennett Louisiana Sheriffs’ Association Mr. Gary Hall State Treasurer’s Office, Representing the State Treasurer

OTHERS PRESENT:

Ms. Brenda Rankins State Treasurer’s Office

CALL TO ORDER

Mr. Hall called the meeting to order. Ms. Rankins called roll. All members were present.

APPROVAL OF MINUTES

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the January 25, 2010 minutes of the Board of Review were approved. DETERMINATION OF ELIGIBILITY

Ms. Brenda Rankins provided the Board with copies of applications and timelines for consideration by the Board. Ms. Rankins then stated each deputy’s name, parish and issue for consideration of the Board.

Jefferson Parish

1) Pamela T. Rooney: Ms. Rankins stated the following facts for Deputy Rooney: A. 06/05/90 Beginning employment date with Jefferson Parish Sheriff’s Office as a Jail Management Deputy. B. 12/10/09 Received POST Basic certification. C. 01/22/10 Received DSSP application and Sheriff’s letter requesting a determination of eligibility.

The Board reviewed the duties and position to determine if Deputy Rooney is eligible to receive supplemental pay ($3,345.03 for the period of 12/11/09-06/30/10 and $500.00 for the period of 07/01/10-07/31/10).

The Board determined that Deputy Rooney’s job duties in the application are similar to a jailer that monitors inmates.

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved supplemental pay for Deputy Rooney effective 12/11/09.

2) Clinton L. Williams: Ms. Rankins stated the following facts for Deputy Williams: A. 07/14/08 Beginning employment date with the Department of Transportation and Development (DOTD) Crescent City Connection Division. B. 12/12/08 Received POST Basic certification. C. 07/14/09 Ending employment date with DOTD Crescent City Connection Division. D. 07/20/09 Beginning employment date with Jefferson Parish Sheriff’s Office as Correctional Officer. E. 04/12/10 Received DSSP application.

The Board reviewed the application to determine if time worked at Department of Transportation and Development Crescent City Connection Division counts as eligible service to meet the one- year service requirement.

Mr. Hall stated that the Crescent City Connection is a Division of the Department of Transportation and Development (DOTD). Per LRS Title 48 Section 1101.1( 4) the Crescent City Connection Division is a Division of DOTD and paragraph 5 states, “no person appointed as a police officer pursuant to this Section shall receive any state supplemental pay.” Therefore, Crescent City Connection police are not eligible for supplemental pay. Based upon the referenced statute, employment with DOTD’s City Crescent Connection Division would not be considered eligible service for the requirements of deputy sheriffs’ supplemental pay.

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review denied the request for prior year pay for the period 07/20/09-06/30/10.

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review approved supplemental pay for Deputy Williams effective 07/20/10.

Lafayette Parish

3) Michael Kelly: Ms. Rankins stated the following facts for Deputy Kelly: A. 10/19/98 Beginning employment date with Iberia Parish Sheriff’s Office as a Patrol Deputy. B. 03/28/00 Received POST Basic Certification. C. 11/15/00 Ending employment date with Iberia Parish Sheriff’s Office. D. 03/15/01 Beginning employment date with City of Youngsville Police Dept. E. 07/30/04 Ending employment with City of Youngsville. F. 04/18/05 Beginning employment date with Scott Police Department. G. 06/16/08 Ending employment date with Scott Police Dept. H. 08/10/09 Beginning employment date with Lafayette parish Sheriff’s Office as a Home Monitoring Case Worker/ Field Center Officer. I. 03/09/10 Received DSSP application and Sheriff’s letter requesting a determination of eligibility. (2nd)

The Board reviewed the duties and position to determine if Deputy Kelly is eligible to receive supplemental pay ($5,361.46 for the period of 08/10/09-06/30/10 and $500.00 for the period of 07/01/10-07/31/10).

Mr. Bennett stated that the duties presented in the letter from Sheriff Neustrom are similar to the duties of a correctional officer. The offenders are sentenced to home monitoring due sometimes to jail overcrowding. The deputy sheriff conducts home monitoring to ensure the offenders are not in violation of the court orders.

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved supplemental pay for Deputy Kelly effective 08/10/09. 4) Danielle N. Washington: Ms. Rankins stated the following facts for Deputy Washington: A. 10/04/07 Beginning employment date with Lafayette Parish Sheriff’s Office as STOP (Sheriff Tracking Offender Program) Deputy. B. 03/05/10 Received POST Basic Correctional certification. C. 05/27/10 Received DSSP application and Sheriff’s letter requesting a determination of eligibility.

The Board reviewed the duties and position to determine if Deputy Washington is eligible to receive supplemental pay ($1,927.18 for the period of 03/06/10-06/30/10 and $500.00 for the period of 07/01/10-07/31/10).

Deputy Washington’s application states that the deputy conducts offender interviews to determine eligibility for home monitoring and work release.

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved supplemental pay for Deputy Washington effective 03/06/10.

St. Martin Parish

5) Alison Boudreaux: Ms. Rankins stated the following facts for Deputy Boudreaux: A. 03/18/07 Beginning employment date with St. Martin Parish Sheriff’s Office as Crisis Intervention Director. B. 06/13/08 Received POST Basic Certification. C. 02/03/10 Received DSSP application and Sheriff’s Request letter for a determination of eligibility.

The Board reviewed the duties and position to determine if Deputy Boudreaux is eligible to receive supplemental pay ($4,000.00 for the period of 11/01/09-06/30/10 and $500.00 for the period of 07/01/10-07/31/10).

The application for deputy sheriffs’ supplemental pay states that Deputy Boudreaux is responsible for the day to day operation of the Crisis Intervention Team grant. The Board determined that less than 50% of the duties in the job description for Deputy Boudreaux are direct law enforcement.

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review denied supplemental pay for Deputy Boudreaux.

6) Michael A. Roberts: Ms. Rankins stated the following facts for Deputy Roberts: A. 06/23/08 Beginning employment date with St. Martin Parish Sheriff’s Office as Crisis Intervention Assistant Director. B. 06/25/09 Received POST Basic Certification. C. 02/03/10 Received DSSP application and Sheriff’s Request letter for a determination of eligibility.

The Board reviewed the duties and position to determine if Deputy Roberts is eligible to receive supplemental pay ($4,000.00 for the period of 11/01/09-06/30/10 and $500.00 for the period of 07/01/10-07/31/10).

The application for deputy sheriffs’ supplemental pay states that Deputy Roberts is an assistant program director responsible for assisting the Director with the day to day operation of the Crisis Intervention Team grant. The Board determined that less than 50% of the duties in the job description for Deputy Roberts are direct law enforcement.

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review denied supplemental pay for Deputy Roberts.

Washington Parish

7) M. David Feinberg: Ms. Rankins stated the following facts for Deputy Feinberg: A. 07/01/92 Beginning employment date with Washington Parish Sheriff’s Office as Supervisor, Drug Task Force and Street Crimes. B. 04/04/95 Received POST Basic certification. C. 11/17/01 Ending employment date with Washington Parish Sheriff’s Office. D. 11/18/01 Beginning employment date with the 22nd Judicial District Attorney’s Office as a Firearms Instructor. E. 06/30/08 Ending employment date with the District Attorney’s Office. F. 07/01/08 Rehire date with the Washington Parish Sheriff’s Office as Weapons Instructor, Internal Investigator and Sex Offender Regulations Enforcer. G. 02/09/10 Received DSSP application. H. 03/19/10 Received Sheriff’s letter requesting a determination of eligibility.

The Board reviewed the duties and position to determine if Deputy Feinberg is eligible to receive supplemental pay ($6,000.00 for the period of 07/01/09-06/30/10 and $500.00 for the period of 07/01/10-07/31/10).

Deputy Feinberg’s application states that the allocation of assigned duties include 25% weapon instructor, 30% internal investigator, 45% sex offender regulations enforcer (enforce warrants, make arrests).

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved supplemental pay for Deputy Feinberg effective 07/01/09.

Mr. Hall stated that the Board was presented the following applications for approval of prior year back pay. He stated that there may not be a question of eligibility related to job duties, as the deputies are receiving supplemental pay. He noted the purpose of the items being placed on the agenda is to approve prior year back pay for presentation to the Joint Legislative Commission on the Budget (JLCB). Calcasieu Parish

8) Robert A. Gates: Ms. Rankins stated the following facts for Deputy Gates: A. 07/16/07 Beginning employment date with Calcasieu Parish Sheriff’s Office as a Correctional Officer. B. 06/23/09 Received POST Basic Certification. C. 02/09/10 Received DSSP application and Sheriff’s request letter for prior year back pay.

The Board reviewed the application to determine if Deputy Gates is eligible to receive prior year back pay ($97.79 for the period of 06/24/09-06/30/09).

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review approved prior year back pay for Deputy Gates effective 06/24/09 subject to the approval by the Joint Legislative Committee on the Budget.

Plaquemines Parish

9) Joseph Almerico: Ms. Rankins stated the following facts for Deputy Almerico: A. 02/01/94 Beginning employment date with Harahan Police Department. B. 02/10/94 Received POST Basic Certification. C. 05/04/05 Ending employment date with Harahan Police. D. 08/18/08 Beginning employment date with Plaquemines Parish Sheriff’s Office as a Special Units Officer. E. 12/18/09 Received DSSP application. F. 05/21/10 Received Sheriff’s request letter for prior year back pay.

The Board reviewed the application to determine if Deputy Almerico is eligible to receive prior year back pay ($2,745.58 for the period of 12/18/08-06/30/09).

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review approved prior year back pay for Deputy Almerico effective 12/18/08 subject to the approval by the Joint Legislative Committee on the Budget.

10) Tawanda McAfee: Ms. Rankins stated the following facts for Deputy McAfee: A. 06/29/97 Beginning employment date with New Orleans Police Department. B. 11/13/97 Received POST Basic Certification. C. 04/04/04 Ending employment date with New Orleans Police Department. D. 07/01/08 Beginning employment date with Plaquemines Parish Sheriff’s Office as a Patrol Deputy. E. 04/07/10 Received DSSP application. F. 05/21/10 Received Sheriff’s request letter for prior year back pay.

The Board reviewed the application to determine if Deputy McAfee is eligible to receive prior year back pay ($1,185.28 for the period of 04/07/09-06/30/09).

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review approved prior year back pay for Deputy McAfee effective 04/07/09 subject to the approval by the Joint Legislative Committee on the Budget.

11) Thomas Morovich, Jr: Ms. Rankins stated the following facts for Deputy Morovich: A. 01/01/98 Beginning employment date with Plaquemines Parish Sheriff’s Department. B. 03/05/98 Received POST Basic Certificate. C. 02/04/00 Ending employment date with Plaquemines Parish Sheriff’s Department. D. 06/09/02 Beginning employment date with New Orleans Police Department. E. 08/17/08 Ending employment date with New Orleans Police Department. F. 12/01/08 Rehire employment date with the Plaquemines Parish Sheriff’s Office as a Patrol Deputy. G. 04/07/10 Received DSSP application. H. 05/21/10 Received Sheriff’s request letter for prior year back pay.

The Board reviewed the application to determine if Deputy Morovich is eligible to receive prior year back pay ($1,185.28 for the period of 04/07/09-06/30/09).

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved prior year back pay for Deputy Morovich effective 04/07/09 subject to the approval by the Joint Legislative Committee on the Budget.

Pointe Coupee Parish

12) John E. Sparks: Ms. Rankins stated the following facts for Deputy Sparks: A. 10/15/69 Beginning employment date with the Town of Livonia as Chief of Police. B. 10/15/97 Ending employment date with the Town of Livonia. C. 08/16/99 Beginning employment date with Pointe Coupee Sheriff’s Office as a School Resource Officer. D. 06/16/10 Received POST Registration Certification. E. 06/23/10 Received DSSP application for prior year back pay. The Board reviewed the application to determine if Deputy Sparks is eligible to receive prior year back pay ($111.76 for the period of 06/23/09-06/30/09). On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved prior year back pay for Deputy Sparks effective 06/23/09 subject to the approval by the Joint Legislative Committee on the Budget.

St Bernard Parish

13) Wayne J. Babin, Sr.: Ms. Rankins stated the following facts for Deputy Babin: A. 07/01/84 Beginning employment date with St. Bernard Parish Sheriff’s Office as a

Field Operations Deputy. B. 12/31/85 Ending employment date with St. Bernard Parish Sheriff’s Office. C. 12/02/86 Rehired with St. Bernard Parish Sheriff’s Office as a Field Operations Deputy. (2nd) D. 12/15/88 Received POST Basic Certification. E. 05/28/89 Ending employment with St. Bernard Parish Sheriff’s Office. F. 12/01/93 Rehired with St. Bernard Parish Sheriff’s Office as a Field Operations Captain. G. 06/10/10 Received DSSP application. H. 06/18/10 Received Sheriff’s letter requesting prior year back pay.

The Board reviewed the application to determine if Deputy Babin is eligible to receive prior year back pay ($293.37 for the period of 06/10/09-06/30/09).

On motion of Ms. Hutchinson, seconded by Mr. Bennett, and carried, the DSSP Board of Review approved prior year back pay for Deputy Babin effective 06/10/09 subject to the approval by the Joint Legislative Committee on the Budget.

St. John the Baptist Parish:

14) Bailey Newsome: Ms. Rankins stated the following facts for Deputy Newsome: A. 04/01/02 Beginning employment date with St. Charles Parish Sheriff’s Office as a Patrol Deputy. B. 05/23/03 Received POST Basic Certification. C. 08/08/05 Ending employment date with St. Charles Parish Sheriff’s Office. D. 03/19/07 Beginning employment date with St. John the Baptist Parish Sheriff’s Office as a Patrol Deputy. E. 03/11/10 Received DSSP application and Sheriff’s Request letter for prior year back Pay.

The Board reviewed the application to determine if Deputy Newsome is eligible to receive prior year back pay ($1,568.37 for the period of 03/11/09-06/30/09). On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved the prior year back pay for Deputy Newsome effective 03/11/09 subject to the approval by the Joint Legislative Committee on the Budget.

The Board questioned why the sheriffs were taking so long to request supplement pay and submitting applications to the Board for Prior year back pay consideration. The Board noted this concern was related to the Board policy of limiting the extent of the state’s obligation to pay supplemental pay to one (1) year retroactive from the date of initial submission on the DSSP report by the Sheriff.

Mr. Bennett stated that the Board should address the issue to help enforce compliance. Mr. Bennett asked if the Board should or could place a 90 day limitation, as opposed to allowing one- year retroactive approval from date of initial submission to the Board. The Board agreed to consider discussion of this issue at a future meeting date.

Washington:

15) John R. Stogner: Ms. Rankins stated the following facts for Deputy Stogner: A. 07/22/97 Beginning employment date with Bogalusa Police Department as a Patrol Officer. B. 03/11/98 Received POST Basic certification. C. 06/16/02 Ending employment with Bogalusa Police Department. D. 06/15/06 Rehire employment date with Bogalusa Police Department. E. 02/05/07 Ending employment date with the Bogalusa Police Department. F. 07/01/08 Beginning employment date with Washington Parish Sheriff’s Office as a Patrol Deputy. G. 03/19/10 Received DSSP application and Sheriff’s letter requesting prior year back Pay.

The Board reviewed the application to determine if Deputy Stogner is eligible to receive prior year back pay ($1,456.61 for the period of 03/19/09-06/30/09).

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved prior year back pay for Deputy Stogner effective 03/19/09 subject to the approval by the Joint Legislative Committee on the Budget.

16) Demille Topps: Ms. Rankins stated the following facts for Deputy Topps: A. 09/09/00 Beginning employment date with St. Tammany Parish Sheriff’s Office as a Corrections Officer. B. 07/05/01 Received POST Basic Correctional Certification. C. 12/01/03 Ending employment with St. Tammany Parish Sheriff’s Office. D. 03/18/04 Beginning employment date with City of Slidell Police Department. E. 09/21/04 Beginning employment date with the Town of Abita Springs Police Department. F. 10/08/04 Ending employment date with City of Slidell Police. G. 09/13/06 Ending employment date with the Town of Abita Springs Police. H. 07/01/08 Beginning employment date with Washington Parish Sheriff’s Office as Warden. I. 03/19/10 Received DSSP application and Sheriff’s letter requesting a prior year back pay.

The Board reviewed the application to determine if Deputy Topps is eligible to receive prior year back pay ($1,456.61 for the period of 03/19/09-06/30/09).

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the DSSP Board of Review approved prior year back pay for Deputy Topps effective 03/19/09 subject to the approval by the Joint Legislative Committee on the Budget.

Other Business:

Legislative matter:

Mr. Hall stated that the law states that deputies who are deployed under RS 29:405 provides that deputy sheriff’s supplemental pay shall continue to be paid to each employee and shall not be suspended or terminated during the time that the eligible deputies are on active duty service in the uniform services of the United States pursuant to a declaration of war, congressional organization or presidential proclamation under the War Powers Resolution, national emergency, or call as provided by the Governor by law.

Mr. Hall presented information from a notice from the Office of the Press Secretary of the White House, which the President states:

“Consistent with Section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States.”

Mr. Bennett asked if deputies who were deployed before completing the required one-year of service would be penalized by non-recognition of the time deployed in active service.

Mr. Hall stated the DSSP manual addresses this issue in Section IV “Removing Deputy Sheriffs on Leave without Pay”. A. A deputy sheriff on leave without pay shall be removed from the Deputy Sheriffs Supplemental pay Report; however, supplemental pay shall not be suspended or terminated during the period of time that the deputy sheriff is on active duty service in the uniformed services of the United States pursuant to a declaration of war, congressional authorization or presidential proclamation under the War Power Resolution (50 U.S. C. 1541 et seq.), national emergency, or call of the governor as provided by law.

B. The time on leave without pay shall not count toward completion of the one (1) year of service for purpose of determining period of service unless the leave is for active military duty.

Budget Update:

Mr. Hall reported that the DSSP Budget for FY 2009-10 has an unexpended balance of $86,000, and will have an unexpended balance after payment are made for approved applications from today’s Board meeting. He also stated that the FY 2010-11 budget is $54,513,960 due to an increase in projected eligible deputy sheriffs. Mrs. Rankins stated that budget status for FY 2009-10 was emailed to Board members for their review.

ADJOURN

On motion of Mr. Bennett, seconded by Ms. Hutchinson, and carried, the Board moved to adjourn without objection.